84R2147 JRJ-D
By: Springer H.B. No. 1951
A BILL TO BE ENTITLED
AN ACT
relating to tuition exemptions at public institutions of higher
education for certain active members of the armed forces of the
United States and the dependent children of those members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.341, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-2) to
read as follows:
(a) The governing board of each institution of higher
education shall exempt the following persons from the payment of
tuition, dues, fees, and other required charges, including fees for
correspondence courses but excluding general deposit fees, student
services fees, and any fees or charges for lodging, board, or
clothing, provided the person seeking the exemption currently
resides in this state and entered the service at a location in this
state, declared this state as the person's home of record in the
manner provided by the applicable military or other service, or
would have been determined to be a resident of this state for
purposes of Subchapter B at the time the person entered the service:
(1) all nurses and honorably discharged members of the
armed forces of the United States who served during the
Spanish-American War or during World War I;
(2) all nurses, members of the Women's Army Auxiliary
Corps, members of the Women's Auxiliary Volunteer Emergency
Service, and all honorably discharged members of the armed forces
of the United States who served during World War II except those who
were discharged from service because they were over the age of 38 or
because of a personal request on the part of the person that the
person be discharged from service;
(3) all honorably discharged men and women of the
armed forces of the United States who served during the national
emergency which began on June 27, 1950, and which is referred to as
the Korean War; [and]
(4) all persons who were honorably discharged from the
armed forces of the United States after serving on active military
duty, excluding training, for more than 180 days and who served a
portion of their active duty during:
(A) the Cold War which began on the date of the
termination of the national emergency cited in Subdivision (3);
(B) the Vietnam era which began on December 21,
1961, and ended on May 7, 1975;
(C) the Grenada and Lebanon era which began on
August 24, 1982, and ended on July 31, 1984;
(D) the Panama era which began on December 20,
1989, and ended on January 21, 1990;
(E) the Persian Gulf War which began on August 2,
1990, and ends on the date thereafter prescribed by Presidential
proclamation or September 1, 1997, whichever occurs first;
(F) the national emergency by reason of certain
terrorist attacks that began on September 11, 2001; or
(G) any future national emergency declared in
accordance with federal law; and
(5) subject to Subsection (b-2), members of the armed
forces of the United States who are currently serving and have
served at least 10 years on active military duty.
(b) The exemptions provided for in Subsection (a) also apply
to:
(1) the children of members of the armed forces of the
United States:
(A) who are or were killed in action;
(B) who die or died while in service;
(C) who are missing in action;
(D) whose death is documented to be directly
caused by illness or injury connected with service in the armed
forces of the United States; [or]
(E) who became totally and permanently disabled
or meet the eligibility requirements for individual
unemployability according to the disability ratings of the
Department of Veterans Affairs as a result of a service-related
injury; or
(F) subject to Subsection (b-2), who are
currently serving and have served at least 10 years on active
military duty; and
(2) the children of members of the Texas National
Guard and the Texas Air National Guard who:
(A) were killed since January 1, 1946, while on
active duty either in the service of their state or the United
States; or
(B) are totally and permanently disabled or meet
the eligibility requirements for individual unemployability
according to the disability ratings of the Department of Veterans
Affairs, regardless of whether the members are eligible to receive
disability benefits from the department, as a result of a
service-related injury suffered since January 1, 1946, while on
active duty either in the service of this state or the United
States.
(b-2) The Texas Veterans Commission by rule shall establish
conditions under which a student who previously qualified for an
exemption under Subsection (a)(5) or (b)(1)(F) for attendance at an
institution of higher education loses that eligibility and is
required to repay an amount equal to the amount of tuition, dues,
fees, and other required charges the student would, but for the
exemption, have owed the institution. The conditions must include
the student's withdrawal from or dropping out of the institution,
the student's failure to maintain a cumulative grade point average
of at least 2.0 on a 4.0 scale, or the receipt of a dishonorable
discharge from active military service by the student or the
student's parent, as applicable. The commission shall establish a
schedule for installment repayment under this subsection.
SECTION 2. The change in law made by this Act applies
beginning with tuition and fees charged for the 2015 fall semester.
Tuition and fees charged for a term or semester before the 2015 fall
semester are covered by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.